Sultan Thomas Oommen vs The Excise Commissioner

Citation : 2022 Latest Caselaw 5432 Ker
Judgement Date : 20 May, 2022

Kerala High Court
Sultan Thomas Oommen vs The Excise Commissioner on 20 May, 2022
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                         WP(CRL.) NO. 336 OF 2022
PETITIONER:

              SULTAN THOMAS OOMMEN,
              S/O.DR.BABU OOMMEN THOMAS,
              12B, SKYLINE BAYWATERS,
              BEACH ROAD, KOZHIKODE-673 032, KERALA

              BY SRI.SULTAN THOMAS OOMMEN (Party-In-Person)



RESPONDENT:

              EXCISE COMMISSIONER,
              OFFICE OF EXCISE COMMISSIONER, NANDAVANAM,
              VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
              PIN-695 033




              BY PUBLIC PROSECUTOR    SRI ARAVIND V MATHEW




THIS   WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.) NO.336 OF 2022
                                     2




                                JUDGMENT

Dated this the 20th day of May, 2022 This Writ Petition (Crl.) is filed under Article 226 of the Constitution of India seeking for the following reliefs:

"1. To issue writ order or direction in the nature of mandamus or any other appropriate writ directing or commanding Respondent No.1 to expeditiously dispose of the Exhibit P2 representation and to take urgent steps to prevent abuse of provisions of the NDPS Act.
2. To grant any other relief the Court deems just and proper."

2. A representation has been filed by the petitioner before the Excise Commissioner who is the sole respondent in the Writ Petition, copy of which is produced alongwith as Exhibit P2. It is found upon a perusal of Ext.P2 that it was filed before the respondent on 29.03.2022 and it was not acted upon till date. In the above circumstances that the Writ Petition on hand is filed seeking for a direction.

WP(Crl.) NO.336 OF 2022 3 The Writ Petition (Crl.) is allowed and the respondent is directed to consider Ext.P2 representation and pass appropriate orders therein within a period of two weeks.

Sd/-

MARY JOSEPH JUDGE MJL WP(Crl.) NO.336 OF 2022 4 APPENDIX OF WP(CRL.) 336/2022 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 16.2.2022 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BEFORE RESPONDENT NO.1 DATED 29.3.2022 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P A TO JUDGE